COURT: The defendant, Lam Ping-kwong, faced one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Chapter 134. The defendant pleaded guilty before a magistrate and was committed to the Court of First Instance of the High Court for sentence.
Admitted Facts
In the morning of 21 December 2022, a team of Customs officers conducted an anti-narcotics operation in Yau Tong area. At around 7.07 am, a light goods vehicle bearing registration number UL512 drove up to Ka Wing Street and parked outside the car park at Yau Tong Centre. The defendant alighted from the driver’s seat of the vehicle and took a batch of empty paper bags from the left passenger compartment. The defendant walked into the cargo compartment of the light goods vehicle and later the defendant left the cargo compartment with three loaded and sealed paper bags and put them into the passenger compartment. After that, the defendant returned to the driver’s seat.
At around 7.40 am on the same day, the defendant was intercepted by the officers just as he alighted the goods vehicle again. And upon search of the goods vehicle, the following dangerous drugs and items were found. Inside the passenger compartment, on the carpet:
(1) a sealed paper bag containing a plastic wrapping containing 1 kilogramme of a solid, in the form of a block, containing 813 grammes of cocaine, that would be Exhibit 1;
(2) a sealed paper bag containing a plastic wrapping containing 1 kilogramme of a solid, in the form of a block, containing 810 grammes of cocaine, that is Exhibit 2, E2;
(3) again, a sealed paper bag containing a plastic wrapping containing 1 kilogramme of a solid, in the form of a block, containing 821 grammes of cocaine, that is Exhibit 3;
(4) four empty paper bags.
Inside the cargo compartment, a roll of adhesive tape and a red-white-blue nylon bag was found containing the following:
(1) a plastic wrapping containing 1 kilogramme of a solid, in the form of a block, containing 825 grammes of cocaine, that is Exhibit 4;
(2) a plastic wrapping containing 1 kilogramme of a solid, in the form of a block, containing 815 grammes of cocaine, Exhibit 5;
(3) again, a plastic wrapping containing 1 kilogramme of a solid, in the form of a block, containing 819 grammes of cocaine, Exhibit 6;
(4) another plastic wrapping containing 1 kilogramme of a solid, in the form of a block, containing 827 grammes of cocaine, that is Exhibit 7.
The government chemist subsequently confirmed the narcotic contents of Exhibit 1 to 7. The total drugs seized was 7 kilogrammes of a solid, in the form of blocks, containing 5.73 kilogrammes of cocaine.
The total estimated street value of the drug is around $5,803,000.
The defendant was arrested. Under caution, the defendant stated that he did not know the nature of the blocks found on the goods vehicle. The blocks belonged to him for delivery to others. He received money of several thousand dollars for each delivery and the goods vehicle was provided to him by the company he worked for. He refused to answer any further question regarding to delivery instructions he received.
Investigation showed that the defendant was using the vehicle belonging to his employer at the material time. The defendant accepted and admitted that at all material times, he knowingly possessed all the subject cocaine seized in the case for the purpose of unlawful trafficking.
Background and Mitigation
The defendant was born in 1983, so he is now 40 years of age. He had one spent conviction involving eight traffic offences. According to the antecedent statement, the defendant was educated up to Form 5 level, worked as a driver earning $25,000 per month, married and had a baby daughter.
Counsel for the defendant, Mr Freddy Woon, has submitted that the defendant was earning about $18,000 a month as a truck driver prior to the arrest. The defendant met with an accident in 2020 resulting in fractures to his left wrist, left tibia, fibula, and foot.
As to the reason for the defendant to commit the present offence, Mr Woon submitted that family finance was tight after the baby was born and his wife gave up her online business to take care of the baby. The defendant wanted to earn quick and easy money. The defendant was recruited by a long-term friend to deliver the dangerous drugs, cocaine. He was promised $20,000 for the job. He was waiting for instructions for the drug to be picked up when he was intercepted by the Customs officers.
Since the defendant’s incarceration, his wife conducts part‑time online sale, earning about $5,000 a month to support herself and their 1-year-old daughter.
In mitigation, Mr Woon submitted the defendant pleaded guilty to the charge and was genuinely remorseful. The defendant’s previous convictions were all traffic related. Mr Woon invited this Court to place little or no weight on them. Mr Woon submitted that the defendant was merely a courier, accepting a financial reward for a one-off assignment. Defendant was at the lowest rank of the hierarchy.
The defendant has written to this Court, expressing his deep remorse for having committed such a serious offence. He said he is willing to receive the sentence to be enforced by this Court.
The defendant’s family, including his wife and his elder brother, have written to this Court asking for leniency. The defendant was described as a filial son and a kind person. He was raised in a single-parent family and his mother had to take medication to treat her mood problem or mental illness. His wife described how the defendant took care of her and her mother-in-law and how life became hard after their daughter was born. Through the persuasion of undesirable elements, the defendant committed this serious offence. The defendant’s wife asked this Court to give the defendant a chance to start afresh so that he could go home early to take care of his family.
A pastor from Glory 611 Bread of Life Christian Church Limited also wrote to this Court. The defendant’s mother attended the said church and requested Pastor Yip to appeal to this Court. Pastor Yip referred to the defendant’s upbringing in a broken family and the traffic accident causing serious injuries to the defendant. According to Pastor Yip, the defendant’s accident, the birth of his daughter causing financial difficulties, incitement of bad elements to traffic dangerous drugs all led to him taking a risk and committed the offence. Pastor Yip asked this Court to be as lenient as possible.
Consideration for the Sentence
Trafficking in a dangerous drug is a serious offence. A person convicted of this offence upon indictment is liable to life imprisonment and a fine of $5 million. I will consider the appropriate sentence in accordance with the six‑step approach laid down in the case of Herry Jane Yusuph.
The First Step
The dangerous drug involved here is cocaine and the quantity is 5.73 kilogrammes. According to the guidelines laid down in the case of Abdallah, the quantity falls under the bracket 4 kilogrammes to 15 kilogrammes, with a starting point between 26 to 30 years.
The Second Step
The defendant was caught in the act of delivering the cocaine. In the absence of any other evidence, I will treat him as a courier for the purpose of sentencing.
The Third Step
In view of the circumstances of the offence, the role played by the defendant and the quantity involved, I am of the view that a starting point of 26 years is appropriate.
The Fourth Step
There are no aggravating factors to enhance the starting point. I will place no weight on the defendant’s previous traffic-related record.
The Fifth Step
The only mitigating factor here is the defendant’s timely plea. While I appreciate the difficulties faced by the defendant’s family due to his incarceration, his family circumstances do not amount to humanitarian grounds for me to further reduce the sentence. So with the one-third discount, the sentence is one of 17 years and 4 months.
And the last step is that I have to consider all the circumstances, whether the sentence is just, fair and balanced. I am satisfied that a sentence of 17 years and 4 months is just, fair and balanced.
So for the offence of trafficking in a dangerous drug, the defendant is sentenced to 17 years and 4 months’ imprisonment.